Appeal of Claim by Andrew Makovec Reconsideration Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: Andrew Makovec Claim Appeal
SUMMARY: City Attorney recommending denial of the appeal of a claim
against the City by Andrew Makovec for property damage.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Concur
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Makovec Appeal Letter to Council Supporting Documentation
Makovec Claim Supporting Documentation
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: March 16, 2016
RE: Andrew Makovec Claim
On January 5, 2016, Mr. Makovec filed a claim for damages to his home at 2195 Lincoln
Avenue caused by a sanitary sewer backup. The claim was submitted to Public Entity
Risk Services (PERS), the adjusting agency for the Iowa Communities Assurance Pool.
PERS denied the claim. Mr. Makovec has appealed from that denial to the City Council.
After the sewer backup was reported to the City, City sanitary sewer employees
discovered a blockage in the sewer main. PERS representatives determined that the
sewer backup was the result of the blockage. The City had no knowledge of the
blockage prior to the sewer backup in Mr. Makovec's home. A follow up inspection of
the line was completed with closed circuit television (CCTV) equipment on December
21 , 2016. No pipe defects were discovered in the sewer main, however evidence of
roots were noted and may have attributed to the cause of the blockage. PERS also
found that the sewer had been cleaned on November 20, 2012 as a part of the City's
regular sewer maintenance program.
Iowa law is well established that a city is not an insurer of damages that may occur as
the result of the operation of its sewer systems. In other words, a city is not responsible
for a sewer backup unless it was somehow at fault. A city is only liable when it is
negligent with respect to the operation of its sewer systems. The city must have had
actual knowledge or constructive notice of a defect in the sewer system in order to be
found negligent. Constructive notice means that the defect has existed for such a period
of time that the city in the exercise of reasonable care should have discovered the
defect that caused the damage and remedied the defect before the damage-causing
incident occurred.
In this case, it does not appear that there was a defect in the sewer system, other than
the blockage. The City had no actual knowledge or constructive notice of the blockage
prior to the backup on December 20, 2015. As a result, the City was not negligent and is
not responsible for the damage.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
Based on Iowa law and the facts and circumstances of this incident, PERS correctly
denied Mr. Makovec's claim.
BAL:tIs
cc: John Klostermann, Street & Sewer Maintenance Supervisor
F:\USERS\Laserfiche Legal\Claims\M\Makovec Andrew\MayorCouncil_MakovekClaimAppeal_031616.doc
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February 26`h 2016
City Council Members,
I submitted a claim to the city in January for a sewer line backup into my basement. The entire
claim info including pictures is attached to this letter. Your insurance agency has declined the claim and
I'm asking the council for reconsideration. The blockage occurred down the street from my house in a
city line. I'm simply asking for the cost of cleanup and repairs as I don't feel these are my responsibility.
With all other utilities I'm responsible for my home to the connection point and wouldn't be asking for
damages had it occurred there. I do know that the blockage occurred approximately 3 houses down
from my home, near the next man hole. The blockage was cleared on Sunday December 21"and the
line was cleaned 3 or times December 22nd. No inspection was done during this time. The insurance
company declined the claim stating they are not responsible for what people put into the sewer system.
My questions are, What caused the blockage? Was it a foreign object? Was it normal buildup? Is it a
collapsed line? We don't know because no inspection was done and now all the info has been cleaned
and washed away. Meanwhile I'm looking at disassembled office room in my basement and a $2100
cleanup bill from Steamatic as result of a service I'm connected to that failed.
My original letter sent to the city will show you I'm not trying to line my wallet, I simply want
damages to the basement room and cleanup costs taken care of. Your reconsideration would be greatly
appreciated.
Regards
Andrew Makovec
2195 Lincoln Ave.
563-599-7706
Am2195@yahoo.com
" vm
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' CLAIM AGAINST THE CITY OF DUBUQUE, IOWA -
This written report constitutes your claim against the City of Dubuque, Iowa. You Relic
should complete this form in full and attach any additional information that
supports your claim.
The claim must be filed with the City Clerk at City Hall, 50 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney's Office. Once that investigation is
completed, a report and recommendation will be submitted to the City Council.
You will be provided with a copy of that report and recommendation.
The final decision on all claims is made by the City Council. No employee of the
City of Dubuque has the authority to make any representation to you as to
whether your claim will or will not be paid.
1. Name of Claimant:_&D fZ e W M AV-oj Sc.-
2. Address: _ 219 5 cc,c.&J -6Q 0.tdg �rc)Li
3. Telephone Number 5- 9`3 — 7"7 o c
4. Date of Incident: /2 - -2 lS— i
I
5. Time of Incident: r ��c,, _, O 4"?l cv A
6. Location of Incident (Be specific):
7. Describe the accident or occurrence that caused injury or damage. (Give full
details upon which you base your claim. If a City employee was involved, give
the employee's name.)
►M C-:r T-5� .i',6�c j&2 49;¢-c-L£p G, P .4 s,�c; Irv'7—
®' e� s n
8. What were weather conditions like?
' � C1! °
9. Give name and address of any witnesses:
10. Did police investigate? (If so, give names of officers.)
9
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
A)
12. Was any damage done to property? (If so, describe property and the extent
of damages. Attach estimates of damages or describe basis for ascertaining
extent of damage.)
13. What other damages do you claim, if any?
E
14. Have you been compensated for any part or all of your claim by any
insurance company? (If so, give name and address of insurance company and
amount paid.)
15. What amount do you�claim from the Citt of Dubuque?
I
i
16. Why do you claim the City of Dubuque is responsible?
01\c"A e% c,a e o Cf a 5'g c..C/ cep
17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
N�
18. If the answer to Question 17 is yes, have you received any payment from that }
source, and if so, in what amount? J
i
Dated this q day of n..�. � 7 .
60140
(Signat e
(Print Name) _
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Confidential
This communication and any attachments may contain information which is confidential
and privileged by law and is for the use of the designated recipient. If you are not the
intended recipient, you are hereby notified that you have received this communication in
error, and that any review, disclosure, dissemination, distribution or copying of its contents
is prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of
your receipt of these items and destroy the communication and any attachments
immediately. Further disclosure of this information may violate state and federal
restrictions.
Confidential information may include the following:
1) Social Security Number(s)
2) Medical/Health Information
3) Personnel/Disciplinary Information
4) Bank Account Information
5) Financial Information
6) Credit Card Numbers
If any documentation you desire to submit to the City of Dubuque contains any of the items above
this cover sheet must be attached directly to the confidential information and indicate the type of
information that is included.
tl
I, hereby certify that the attached documents it
;
include the following protected information:
Social Security Number(s) Bank_ Account Information
Medical/Health Information Financial Information
Personnel/Disciplinary Information Credit Card Number(s)
understand that this information may be distributed within the City organization or to agents of the
City for processing and I hereby authorize the City to act accordingly taking all precautions to
protect my information from unnecessary distribution.
Signature Date
I have read the information abov,e� and do not have any confidential documentation to submit to the
City of Dub que as art of thi XIaim Against the City
2&4
"Signat e Date
i
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01-04-2016
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:
City of Dubuque,
On December 201" 2015 sometime between the hours of 11am and 1:30pm the
city's main sanitary sewer line became plugged in the 2100 block on Lincoln
Avenue. The result of this caused sewage back up into my basement and others
on the block. After your crews where disbursed and relieved the blockage I
contacted Steamatic of Dubuque. Enclosed is a comprehensive estimate detailing
the cost of their services. In addition to their estimate, myself and my girlfriend
spent 10 hours pushing sewage to the floor drain and rinsing off and bleaching
the salvageable items. The items that are a total loss are of no interest to me,
however 1 would like to be reimbursed for our time in this cleanup. l
I am asking for the amount of the estimate $3659.09 and fair treatment on the
hours we spent with this clean-up.
b
Regards,
F
:
Andrew Makovec I
2195 Lincoln Ave.
Dubuque, Iowa 52001
563-599-7706
Am2195@yahoo.com
Attn: envelope enclosed contains flash drive which contains photos of loss
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STJAM4r, � Dubuque Area Steamatic
fatsE rJrauung d..rkstw'1t
500 Huff St
Dubuque IA 52003
563-556-5821
Insured: Andrew Makovec Home: (563)599-7706 I
Property. 2195 Lincoln
F
Dubuque,IA 52001 I
Claim Rep.: David Reynolds Business: (563)556-5821
Company: Dubuque Area Steamatic E-mail: office@dbgsteamatic.com
Business: 500 Huff St
Dubuque,IA 52003
Estimator: David Reynolds Business: (563)556-5821
i
Company: Dubuque Area Steamatic E-mail: office@dbgsteamatic.com
Business: 500 Huff St
Dubuque,IA 52003
ti
Claim.Number: Policy Number: Type of Loss:
i
Date Contacted: 12/20/2015 1:45 PM
Date of Loss: 12/20/2015 1:30 PM Date Received: 12/20/2015 1:45 PM
Date Inspected: 12/20/2015 2:15 PM Date Entered: 12/21/2015 12:15 PM
Price List: IADU8X DEC15
Restoration/Service/Remodel
Estimate: 2015-12-21-1215
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Dubuque Area Steamatic
500 Huff St
Dubuque IA 52003
563-556-5821
2015-12-21-1215
Main Level
Main Level
DESCRIPTION QTY REMOVE REPLACE TAX TOTAL
1. Emergency service call-during 1.00 EA 0.00 118.24 0.00 118.24
business hours
2. Equipment setup,take down,and 2.50 HR 0.00 42.23 0.00 105.58
monitoring(hourly charge)
3. Air mover(per 24 hour period)-No 12.00 EA 0.00 26.23 0.00 314.76 g
monitoring
6 air movers for 2 days
4. Dehumidifier(per 24 hour period) 2.00 EA 0.00 73.17 0.00 146.34
Large-No monitoring
1 dehumidifier for days
5. Equipment decontamination charge- 11.00 FA OAO 28.13 2.11 311.54
per piece of equipment s
Decontamination of equipment,6 air movers, I dehumidifier,1 wand,3 sections of hose
G
Total: Main Level 2.11 996.46
i
r�-13'57 Storage Area[Room Height- 8'
488.64 SF Walls 193.18 SF Ceiling
Storage Arta/Roo
681.82 SF Walls& Ceiling 193.18 SF Floor
'O5e 14 1,91, 21.46 SY Flooring 61.08 LF Floor Perimeter
61.08 LF Ceil.Perimeter
i
DESCRIPTION QTY REMOVE REPLACE TAX TOTAL
6. Content Manipulation charge-per L00 HR 0.00 29.18 0.00 29.18
hour
7. Water extraction from hard surface 193.18 5F 0.00 0.67 0.00 129.43
floor-Cat 3 water
S. Tear out baseboard and bag for 61,08 LF 0.69 0.00 0.68 42.83
disposal-up to Cat 3
9. Tear out trim and bag for disposal- 34,00 LF 0.69 0.00 0.38 23.84
up to Cat 3
10. Remove Outlet or switch cover 8.00 FA 0.56 0.00 0.00 4.48
11. R&R Interior door unit 2.00 EA 16.74 141.98 13.43 330.87
12. Door lockset-Detach&reset 2.00 EA 0.00 19.62 0.00 39.24
13. Baseboard-3 1/4" 61.08 LF 0.00 2.72 5.04 171.18
14. Paint baseboard-two coats 61.08 LF 0.00 0.86 0.47 53.00
15. Casing-oversized-3 1/4" 34.00 LF 0.00 2.52 4.09 89.77
2015-12-21-1215 12/22/2015 Page: 2
9
, , Dubuque Area Steamatic
rxranx r .«
500 Huff St
Dubuque IA 52003
563-556-5821
CONTINUED-Storage Area/Room
DESCRIPTION QTY REMOVE REPLACE TAX TOTAL
16. Paint casing-two coats 34.00 LF 0,00 0.86 0.26 29.50
17. 'Tear out wet drywall,cleanup,bag- 322.31 SF 1.00 0.00 3.38 325.69
Cat 3
18. 1/2"drywall-_hung,taped,floated, 322.31 SF 0.00 1.39 10.15 458.16
ready for paint
19. Stain&finish door slab only(per 4.00 FA 0.00 35.28 2.02 143.14
side)
20. Apply anti-microbial agent 193,18 SF 0.00 0.18 0,27 35.04
c
Totals: Storage Area/Room 40.17 1,905.35
I
I
-3'IO" Closet Height:8'
s 22333 SF Walls 35,42 SF Ceiling
258.75 SF Walls&Ceiling 35.42 SF Floor
3,94 SY Flooring 27.92 LF Floor Perimeter
3, 2792 LF Ceil.Perimeter
T 6"1
DESCRIPTION QTY REMOVE REPLACE TAX TOTAL
21. Water extraction from hard surface 35.42 SF 0.00 0.67 0.00 23.73
floor-Cat 3 water
22. Apply anti-microbial agent 35.42 SF 0.00 0.18 0.05 6,43
Totals: Closet 0.05 30.16
rose
'V Utility Room Height:8'
4„ 2•
F-b'4" 534.67 SF Walls 260,96 SF Ceiling
795.63 SF Walls&Ceiling 260,96 SF Floor
"f udrstyx°°n 29.00 SY Flooring 66,83 LF Floor Perimeter
i 20,6' 66.83 LF Ceil.Perimeter
1� 21,2,,
Missing Wall 2'5" X 8' Opens into STAIRS
DESCRIPTION QTY REMOVE REPLACE TAX TOTAL
23. Water extraction from hard surface 260.96 SF 0.00 0.67 0.00 174.84
floor-Cat 3 water
24. Apply anti-microbial agent 260.96 SF 0.00 0.18 0,37 47.34
25. Content Manipulation charge-per 1.00 HR 0..00 29.18 0.00 29.18
hour
3
2015-12-21-1215 12/22/2015 Page: 3
i
Dubuque Area Steamatic
500 Huff St
Dubuque IA 52003
563-556-5821
CONTINUED-Utility Room
DESCRIPTION QTY REMOVE REPLACE TAX TOTAL
Totals: Utility Room 0.37 251.36
r9"., Stairs Height: 15' 6"
251.37 SF Walls 25.38 SF Ceiling
276.75 SF Walls&Ceiling 45.40 SF Floor
5.04 SY Flooring 24.87 LF Floor Perimeter
21.17 LF Ceil.Perimeter
t '5"
Missing Wall 2'5"X 15'5 15/16" Opens into UTILITY_ROOM
DESCRIPTION QTY REMOVE REPLACE TAX TOTAL
26. Tear out wet non-salvageable 26.00 SF 0.36 0.00 0.00 9.36
carpet,no bag-Cat 3 water
27. Carpet 29.90 SF 0.00 3.01 5.17 95.17
15%waste added for Carpet.
28. Apply anti-microbial agent 45.40 SF 0.00 0.18 0.06 8.23
Totals: Stairs 5.23 112.76
Total:Main Level 47.93 3,296.09
Labor Minimums Applied
DESCRIPTION QTY REMOVE REPLACE TAX TOTAL
29. Electrical labor minimum 1.00 EA 0.00 135.90 0.00 1.35.90
30. Finish hardware labor minimum 1.00 EA 0.00 94.90 0.00 94.90
31. Carpet labor minimum 1.00 EA 0.00 132.20 0.00 132.20
Totals: Labor Minimums Applied 0.00 363.00
Line Item Totals:2015-12-21-1215 47.93 3,659.09
2015-12-21-1215 12/22/2015 Page:4 g
P
i
,STEAMACT' tIC.
Dubuque Area Steamatic
i'nIUI CIfAilll!�F-1� ign1W.
'� 500 Huff St
Dubuque IA 52003
563-556-5821
Grand Total Areas
1,498.02 SF Walls 514.93 SF Ceiling 2,012.95 SF Walls and Ceiling
534.96 SF Floor 59.44 SY Flooring 180.70 LF Floor Perimeter
0.00 SF Long Wall 0.00 SF Short Wall 177.00 LF Ceil.Perimeter
534.96 Floor Area 561.47 Total Area 1,162.64 Interior Wall Area
764.25 Exterior Wall Area 84.92 Exterior Perimeter of
Walls
0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length q
0.00 Total Ridge Length 0.00 Total Hip Length
u
2015-12-21-1215 12/22/2015 Page: 5
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Dubuque Area Steamatic
falai zkamag�raslernt sn
'WNW 500 Huff St
Dubuque IA 52003
563-556-5821
Recap by Room
Estimate: 2015-12-21-1215
Area:Main Level 994.35 27.54%
Storage Area/Room 1,865.18 51.65%
Closet 30.11 0.83%
Utility Room 250.99 6.95%
Stairs 107.53 2.98%
Area Subtotal: Main Level 3,248.16 89.95%
Labor Minimums Applied 363.00 10.05%
Subtotal of Areas 3,611.16 100.00%
Total 3,611.16 100.00%
II
2015-12-21-1215 12/22/2015 Page: 6
Dubuque Area Steamatic
�`�'EAIK9TICd q
mtsl eloaning&rea�pcallon
500 Huff St
Dubuque IA 52003
563-556-5821
Recap by Category
Items Total %
CONTENT MANIPULATION 58.36 1.59%
GENERAL DEMOLITION 435.24 11.89%
DOORS 283.96 7.76%
DRYWALL 448.01 12.24%
ELECTRICAL 135.90 3.71%
FLOOR COVERING-CARPET 222.20 6.07%
FINISH CARPENTRY/TRIMWORK 251.82 6.88%
FINISH HARDWARE 134.14 3.67%
PAINTING 222.89 6.09%
WATER EXTRACTION &REMEDIATION 1,418.64 38.77% B
Subtotal 3,611.16 98.69%
Material Sales Tax 47.93 1.31%
Total 3,659.09 100.00%
2015-12-21-1215 12/22/2015 Page:7
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Barry A. Lindahl, Esq.
City Attorney
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563)583-1040 fax
balesgGcityofdubuque.org
Andrew Makovec
2195 Lincoln Avenue
Dubuque, IA 52001
Dubuque
klitd
An -America en
11111!
2007 • 2012 • 2013
THE CITY OF
DUB
E
Masterpiece on the Mississippi
March 16, 2016
RE: Your Claim Appeal
Dear Mr. Makovec:
As you know, your claim appeal appeared on the March 7, 2016 City Council agenda
and was subsequently referred to the City Attorney's Office.
Enclosed is my recommendation to the City Council which will appear on the March 21,
2016 City Council agenda. This item will be placed on the Consent agenda. You may
address the City Council at its March 21st meeting regarding your claim if you wish to do
so. If you have any questions regarding this process or would like to receive a copy of
the agenda prior to the March 21st meeting, please contact City Clerk Kevin Firnstahl at
(563) 589.4121 or at KfirnstaQcityofdubuque.orq.
Very ' erely,
Barry A. Lindahl
City Attorney
BAL/tls
Enclosure
cc: John Klostermann, Street & Sewer Maintenance Supervisor
Kevin Firnstahl, City Clerk
F:\USERS\Laserfiche Legal\Claims\M\Makovec Andrew\Makovec_RecommendationToCouncil_031616.doc
THE CITY OF
DUB TE MEMORANDUM
Masterpiece on the M. sissippi
BARRY LIND
CITY ATTORN Y
To:
DATE:
RE:
Mayo oy D. Buol and
Members of the City Council
March 16, 2016
Andrew Makovec Claim
On January 5, 2016, Mr. Makovec filed a claim for damages to his home at 2195 Lincoln
Avenue caused by a sanitary sewer backup. The claim was submitted to Public Entity
Risk Services (PERS), the adjusting agency for the Iowa Communities Assurance Pool.
PERS denied the claim. Mr. Makovec has appealed from that denial to the City Council.
After the sewer backup was reported to the City, City sanitary sewer employees
discovered a blockage in the sewer main. PERS representatives determined that the
sewer backup was the result of the blockage. The City had no knowledge of the
blockage prior to the sewer backup in Mr. Makovec's home. A follow up inspection of
the line was completed with closed circuit television (CCTV) equipment on December
21, 2016. No pipe defects were discovered in the sewer main, however evidence of
roots were noted and may have attributed to the cause of the blockage. PERS also
found that the sewer had been cleaned on November 20, 2012 as a part of the City's
regular sewer maintenance program.
Iowa law is well established that a city is not an insurer of damages that may occur as
the result of the operation of its sewer systems. In other words, a city is not responsible
for a sewer backup unless it was somehow at fault. A city is only liable when it is
negligent with respect to the operation of its sewer systems. The city must have had
actual knowledge or constructive notice of a defect in the sewer system in order to be
found negligent. Constructive notice means that the defect has existed for such a period
of time that the city in the exercise of reasonable care should have discovered the
defect that caused the damage and remedied the defect before the damage -causing
incident occurred.
In this case, it does not appear that there was a defect in the sewer system, other than
the blockage. The City had no actual knowledge or constructive notice of the blockage
prior to the backup on December 20, 2015. As a result, the City was not negligent and is
not responsible for the damage.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Based on Iowa law and the facts and circumstances of this incident, PERS correctly
denied Mr. Makovec's claim.
BAL:tls
cc: John Klostermann, Street & Sewer Maintenance Supervisor
F:\USERS\Laserfiche Legal\Claims\M\Makovec Andrew\MayorCouncil_MakovekClaimAppeal_031616.doc
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